With A Ch 11 Bankruptcy TN Citizens Can Make A New Beginning

By Stephanie Thompson


It seems as if one cannot turn around without hearing about yet another business or person that is in serious financial trouble. Massive job losses, global financial insecurity and serious fluctuations in the exchange rates are just a few factors contributing to this growing problem. Businesses and individuals in serious trouble do what they can to solve their problems, but in many cases they reach a point where they simply cannot see the way forward. With a Ch 11 bankruptcy TN citizens can try to start anew.

Being declared bankrupt is certainly not a matter of filling out an application and to then ask the court to make an order. The courts are, in fact, very reluctant to grant such applications. They first need to be absolutely certain that the applicant is definitely not able to meet his financial obligations. A thorough means test is normally ordered and if there is doubt, the application will not even be considered.

Applying to be declared bankrupt should be the absolutely final solution. Every effort should be made to find other solutions. In many cases, creditors will be willing to adjust their payment schedules to stretch over a longer period with smaller monthly payments. It may even be possible to obtain finance in order to pay off all debt and pay one single creditor back.

Those that decide to go ahead with an application must accept the fact that the process is lengthy, humiliating and often embarrassing. Every aspect of the lifestyle and financial situation of the applicant will come under scrutiny. They will be forced to submit all their records and provide a detailed account of all their financial transactions. They will also have to submit a list of all their assets.

Once the court accepts an application, it will move fast to appoint a qualified trustee. The job of the trustee is to oversee the process whereby all the assets of the applicant is confiscated and sold. Only essential assets necessary for survival will be left. Money thus raised is distributed to the creditors. The trustee is not there to protect the applicant, but rather the creditors.

Only when the appointed trustee has done everything within his power to satisfy the creditors of the applicant will he notify the court of that fact. The court will then proceed and issue a discharge. Once this is done, the creditors of the applicant are prohibited from any further threats or legal actions against him. The applicant nevertheless remains responsible for paying back secured loans, child support payments and outstanding taxes.

It is only natural for human beings to ignore problems when they first manifest themselves, hoping that matters will be resolved in good time. This is seldom the case, unfortunately. When it becomes clear that there are financial troubles, the very best thing to do is to seek help immediately. In fact, most bankruptcies can be avoided if only the applicant acted in time.

Bankruptcies have serious consequences. The bankrupt individual will struggle to obtain finance and his credit record will be blemished for years. He may be excluded from applying for certain types of jobs and the seizure of his assets can be crippling to himself and his loved ones.




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